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Judgments of Supreme Court of India and High Courts

Makbul Haque vs State Of West Bengal on 4 June, 2019


59 C.R.M. 4625 of 2019
sg/ks Ct. No.36 In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 30-05-2019 in connection with Rajganj P.S. Case No. 58/2019 dated
(Allowed) 01.03.2019 under Sections 498A/Section326/Section307 of the Indian Penal Code and adding Section
302 of the Indian Penal Code.

Makbul Haque
State of West Bengal

Vacation Ms. Jeenia Rudra, Adv.

Bench …for the petitioner

Mr. Goutam Wilson, Adv.
…for the State

Liberty to amend the cause title of the petition.

The petitioner is the father-in-law of the victim who subsequently

succumbed to her burn injuries.

Learned lawyer for the State opposes the prayer for anticipatory bail and

produces the case diary and refers to the dying declaration of the victim wherefrom it

appears that the entire thrust of the allegation is towards the husband of the victim.

Considering the materials in the case diary and in view of the extent of

complicity of the petitioner, there is no necessity for custodial interrogation of the


In the event of arrest, the petitioner shall be released on bail upon furnishing

bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount to

the satisfaction of the arresting officer subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and he shall appear before

the court below and pray for regular bail within a period of four weeks from date.

The application for anticipatory bail is, accordingly, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied

expeditiously after complying with all necessary legal formalities.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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